Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 7625 

7. On the same page, in the same 

table, the entry for Sulfate should read 

as follows: 

Sulfate .............. Ion chromatography ..... ........................ D 4327–11, –17 ........... 4110 B ......................... 4110 B.

Gravimetric with ignition 

of residue.

........................ ...................................... 4500–SO4

2¥ C ............. 4500–SO42¥ C ............ 4500–SO42¥ C–97. 

Gravimetric with drying 

of residue.

........................ ...................................... 4500–SO4

2¥ D ............ 4500–SO42¥ D ............. 4500–SO42¥ D–97. 

Turbidimetric method ... ........................ D 516–07, 11, 16 ......... 4500–SO4

2¥ E ............. 4500–SO42¥ E ............. 4500–SO42¥ E–97. 

Automated 

methylthymol blue 

method.

........................ ...................................... 4500–SO4

2¥ F ............. 4500–SO42¥ F ............. 4500–SO42¥ F–97. 

[FR Doc. C1–2024–01530 Filed 2–2–24; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0523; FRL–5993–06– 

OCSPP] 

Chlorpyrifos; Reinstatement of 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending its 

regulations to reflect the current legal 

status of the chlorpyrifos tolerances 

following a court order vacating the 

Agency’s revocation of those tolerances. 

EPA is issuing this as a final action that 

is effective upon publication since this 

action simply conforms the regulations 

to reflect the tolerances that have 

already been legally reinstated by the 

court’s order. 

DATES: Effective on February 5, 2024. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0523, is 

available online at https:// 

www.regulations.gov. Additional 

instructions for visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Biggio, Pesticide Re-Evaluation 

Division (7508M), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: 202–566–0700; email address: 

OPPChlorpyrifosInquiries@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

This action is directed to the public 

in general. It may be of specific interest 

to persons who are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer identified under 

North American Industrial 

Classification System (NAICS) codes 

111, 112, 311, and 32532. The NAICS 

codes are provided to assist in 

determining interest. However, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. 

II. What is the Agency’s authority for 

taking this action? 

EPA is taking this action pursuant to 

the authority in section 408(e)(1) of the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), 21 U.S.C. 346a(e)(1). 

III. What action is the Agency taking? 

EPA is revising the tolerance 

regulations (40 CFR part 180) to reflect 

the reinstatement of tolerances for 

chlorpyrifos, in compliance with a 

decision and order dated November 2, 

2023, from the U.S. Court of Appeals for 

the Eighth Circuit in the matter of Red 

River Valley Sugarbeet Growers Ass’n v. 

Regan, 85 F.4th 881 (8th Cir. 2023). 

Specifically, EPA is amending 40 CFR 

180.342 to reflect the current legal status 

of the tolerances for chlorpyrifos. 

IV. Why is EPA taking this action? 

In April 2021, the U.S. Court of 

Appeals for the Ninth Circuit ordered 

EPA to issue a final rule either revoking 

all chlorpyrifos tolerances or modifying 

the chlorpyrifos tolerances, provided 

EPA could make a determination that 

those modified tolerances met the safety 

standard mandated by the FFDCA. See 

League of United Latin American 

Citizens, et al. v. Regan, 996 F.3d 673 

(9th Cir. 2021). The Ninth Circuit 

ordered EPA to issue that final rule 

within 60 days of the issuance of the 

mandate. 

As a result of the very short 

timeframe, EPA found that, based on the 

available data and anticipated exposure 

from registered uses of chlorpyrifos, it 

could not determine that there was a 

reasonable certainty of no harm from 

aggregate exposure, including food, 

drinking water, and residential 

exposure. Consequently, in the Federal 

Register of August 30, 2021 (86 FR 

48315; FRL–5993–04–OCSPP), EPA 

issued a final rule amending 40 CFR 

180.342 to revoke all tolerances for 

residues of chlorpyrifos. That rule 

included revocation of tolerances for 

residues of chlorpyrifos on specific food 

and feed commodities (180.342(a)(1)); 

on all food commodities treated in food 

handling and food service 

establishments in accordance with 

prescribed conditions (180.342(a)(2) and 

(a)(3)); and on specific commodities 

when used under regional registrations 

(180.342(c)). The final rule allowed the 

tolerances to remain in effect for six 

months, until February 28, 2022, at 

which time the tolerances expired. 

Gharda Chemicals International, Inc. 

(Gharda), one of the chlorpyrifos 

registrants, and several grower groups, 

among others, filed objections to the 

Agency’s final rule revoking 

chlorpyrifos tolerances. The Agency 

denied those objections in an order 

issued in the Federal Register on 

February 28, 2022 (87 FR 11222 (FRL– 

5993–05–OCSPP)). 

Gharda and several grower groups 

challenged EPA’s order denying 

objections and the tolerance revocation 

rule in the U.S. Court of Appeals for the 

Eighth Circuit. On November 2, 2023, 

the Eighth Circuit issued its decision, 

vacating EPA’s final rule and remanding 

the matter to EPA for further 

proceedings. No request for rehearing 

was filed. On December 28, 2023, the 

mandate issued, finalizing the court’s 

judgment, and effectuating the vacatur 

of the Agency’s rule revoking tolerances. 

Because the Eighth Circuit vacated 

EPA’s rule revoking chlorpyrifos 

tolerances, those tolerances are legally 

currently in effect. EPA is issuing this 

final rule to amend the tolerance 

regulations to reflect the current legal 

status of the tolerances for chlorpyrifos 

by removing the introductory sentence 

currently in 40 CFR 180.342 that 

contains the revocation statement and 

expiration date. 


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7626 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 

V. Why is this a final rule? 

Under FFDCA section 408(e)(2), 21 

U.S.C. 346a(e)(2), EPA must provide a 

period of not less than 60 days for 

public comment on a proposed rule 

modifying a pesticide tolerance. 

However, the Agency may provide a 

shorter period for public comment so 

long as the Agency for good cause 

determines that it would be in the 

public interest to do so. Additionally, 

section 553 of the Administrative 

Procedure Act (APA) provides that 

when an agency for good cause finds 

that notice and public comment 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. 

EPA has determined that there is good 

cause for issuing this final rule without 

opportunity for notice and comment. 

The Agency finds that notice and 

comment are unnecessary for these rule 

amendments under 5 U.S.C. 553(b) 

because this ministerial rule does not 

alter the legal status or otherwise effect 

any substantive change to these 

tolerances; it merely amends the CFR to 

reflect the legal status of these 

tolerances in light of the decision by the 

U.S. Court of Appeals for the Eighth 

Circuit. Because the Eighth Circuit 

vacated EPA’s 2021 revocation rule, 

these tolerances are currently in effect. 

The Agency lacks discretion to depart 

from this mandate. 

VI. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to a final rule issued under 

FFDCA section 408(e)(1), and may also 

request a hearing on those objections; 

however, due to the ministerial nature 

of this rule, which is merely amending 

the regulations to reflect the Eighth 

Circuit’s order, EPA notes that it is 

making no substantive determinations 

about these tolerances and therefore any 

such issues are beyond the scope of this 

rulemaking. Because no relevant issues 

of material fact exist with respect to the 

issuance of this ministerial final rule, 

EPA believes that it is unlikely that 

there would be ‘‘reasonable grounds’’ 

for objection or basis for an evidentiary 

hearing under section 408(g) of the 

FFDCA. 

Any person who wants to file an 

objection or request a hearing on this 

regulation must do so in accordance 

with the instructions provided in 40 

CFR part 178. To ensure proper receipt 

by EPA, you must identify docket ID 

number EPA–HQ–OPP–2021–0523 in 

the subject line on the first page of your 

submission. All objections and requests 

for a hearing must be in writing and 

must be received by the Hearing Clerk 

on or before April 5, 2024. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2021–0523, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

VII. Statutory and Executive Order 

Reviews 

This action amends the tolerance 

regulation for chlorpyrifos to reflect the 

current legal status of those tolerances 

as reinstated by the U.S. Court of 

Appeals for the Eighth Circuit. As a 

ministerial action, this action is not 

subject to review by the Office of 

Management and Budget (OMB) under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), as amended by 

Executive Order 14094, entitled 

Modernizing Regulatory Review (88 FR 

21879, April 11, 2023). As a result, this 

action is not subject to Executive Order 

13045, entitled Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997), and Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 

In addition, this action is not subject 

to the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.). The RFA applies 

only to rules subject to notice and 

comment rulemaking requirements 

under the APA, 5 U.S.C. 553, or any 

other statute. This rule is not subject to 

notice and comment requirements 

because the Agency has invoked the 

‘‘good cause’’ exemption under APA 

section 553(b) and FFDCA section 

408(e)(2). 

This action does not contain any 

information collections or impose 

additional burdens that require approval 

by OMB under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.). Nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994) or Executive Order 14096, entitled 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All (88 FR 

25251, April 26, 2023). 

This rule directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes; nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the State or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999), and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000), do not apply 

to this rule. This rule does not impose 

any enforceable duty or contain any 

unfunded mandate as described in the 

Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1531–1538). 

In addition, since this action does not 

involve any technical standards, the 

National Technology Transfer and 

Advancement Act (NTTAA) section 

12(d), 15 U.S.C. 272 note, does not 

apply to this action. 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations-and-executive-orders. 


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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 7627 

VIII. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 30, 2024. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

§ 180.342 [Amended] 

■ 2. Amend § 180.342, by removing the 

introductory text. 

[FR Doc. 2024–02153 Filed 2–2–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–450; DA 24–23; FRS 

200279] 

Affordable Connectivity Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action. 

SUMMARY: In this document, due to a 

lack of additional funding from 

Congress, the Wireline Competition 

Bureau (Bureau) of the Federal 

Communications Commission 

(Commission) issued an Order laying 

out wind-down procedures for the 

Affordable Connectivity Program (ACP), 

important dates, and the impacts on 

consumers and providers. These 

procedures include the process for 

notifying enrolled ACP households 

about the impact of program termination 

on their broadband service and bills and 

the freezing of new enrollments. The 

Bureau also offers guidance to providers 

regarding advertising, awareness, and 

outreach requirements, timing of claims 

submissions, and participation during a 

possible partially funded month of ACP. 

DATES: The wind-down procedures and 

guidance for the Affordable 

Connectivity Program were effective 

beginning January 11, 2024. The 

requirements of 47 CFR 54.1804(b) are 

waived beginning February 8, 2024, and 

will remain in effect for the duration of 

the enrollment freeze. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Nashed, Wireline Competition 

Bureau, at Benjamin.Nashed@fcc.gov or 

202–418–7400 or TTY: 202–418–0484. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Bureau’s Affordable 

Connectivity Program Wind-Down 

Order (Order) in WC Docket No. 21–450; 

DA 24–23, adopted January 11, 2024, 

and released January 11, 2024. The full 

text of this document is available for 

public inspection during regular 

business hours at Commission’s 

headquarters at 45 L Street NE, 

Washington, DC 20554 or at the 

following internet address: https://

docs.fcc.gov/public/attachments/DA-24- 

23A1.pdf. 

I. Introduction 

1. In the Order, and consistent with 

the authority delegated by the 

Commission, the Bureau announces 

requirements and guidance for the 

wind-down of the Affordable 

Connectivity Program (ACP). The 

Bureau currently projects that the last 

month for which the ACP can fully 

reimburse providers for the ACP 

benefits provided to enrolled 

households is April 2024. Should 

Congress not appropriate additional 

money, the existing funds will be 

exhausted, the Commission will have to 

end the ACP, and providers will stop 

providing discounts to enrolled 

households. The Commission 

nonetheless remains dedicated to 

providing ACP households an orderly 

transition out of the program and, more 

importantly, to keeping as many ACP 

households as possible connected to 

broadband service after the end of the 

program. To prepare low-income 

households and broadband providers, as 

well as the organizations that help 

support eligible households’ enrollment, 

and as required by the Commission’s 

delegation to the Bureau in the ACP 

Order (FCC 22–2), 87 FR 8346, February 

14, 2022, the Bureau announces ACP 

wind-down procedures. These 

procedures include the process for 

notifying enrolled ACP households 

about the impact of program termination 

on their broadband service and bills and 

the freezing of new enrollments in the 

program. The Order also offers guidance 

to providers regarding advertising, 

awareness, and outreach requirements; 

the timing of claims submissions; and 

participation during a possible partially 

funded month of ACP. The Bureau also 

encourages providers to help ACP 

households transition to providers’ own 

low-income internet offerings. 

2. Congress provided $14.2 billion in 

funding for the ACP and that funding 

has been drawn down each month as 

providers have claimed reimbursement 

for benefits passed through to 

households. The ACP, which was 

launched two years ago, currently 

delivers discounted internet service to 

more than 22 million low-income 

households, benefiting both rural and 

urban households alike. Despite news of 

the program’s projected end, the ACP 

remains as popular as ever as more 

households continue to enroll in the 

program each month. Moreover, the 

ACP is embraced by subscribers of all 

ages, with nearly half of subscribers 

over the age of 50. 

3. The ACP provides eligible 

households with a monthly discount on 

broadband service of up to $30 per 

month and up to $75 per month for 

households on qualifying Tribal lands. 

Eligible households can also receive a 

one-time discount of up to $100 to 

purchase a laptop, desktop computer, or 

tablet from participating providers, if 

the household contributes more than 

$10 and less than $50 toward the 

purchase price. Should the ACP not 

receive additional funding, the 

Commission will have to end the 

program and enrolled households will 

no longer receive the ACP discount after 

the end of the program. 

II. Discussion 

4. Preparing Consumers for the End of 

the ACP—Timing of Bureau 

Announcement of Last Fully Funded 

Month of Program. The Bureau will 

announce the upcoming end of the ACP 

approximately 60 days prior to the end 

of the last fully funded month of the 

program. Thus, based on current 

projections that the last fully funded 

month of the ACP is April 2024, the 

Bureau anticipates that the 

announcement will occur in late 


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